S v Khaisane (528/88) [1989] ZASCA 108 (21 September 1989)

S v Khaisane (528/88) [1989] ZASCA 108 (21 September 1989)

The Supreme Court of Appeal held that the procedure for granting leave to appeal was highly irregular, as no proper application was made, and the State was not afforded an opportunity to respond. However, in the interests of justice, the court considered the merits of the appeal. The trial court had duly considered all relevant facts, including the appellant's personal circumstances, the provocation by the deceased, and the impact of the sentence on the appellant's business. The sentencing judgment was balanced and did not overemphasize or underemphasize any aspect. The sentence of ten years' imprisonment for murder with extenuating circumstances was appropriate in all the circumstances,...

Citation
[1989] ZASCA 108
Parties
Appellant: Francis Khaisane; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 September 1989
Case Number
528/88
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed.
Judges
Smalberger, Vivier, Friedman
Legal Topics
Murder With Extenuating Circumstances, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Condonation for Late Appeal, Sentence Appropriateness
Criminal Law Murder With Extenuating Circumstances Unlawful Possession of Firearm Unlawful Possession of Ammunition Condonation for Late Appeal Sentence Appropriateness

Case Brief

Summary, issues, holding and outcome

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Parties

Francis Khaisane

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the procedure for granting leave to appeal was regular and valid.
  2. 2 Whether the sentence of ten years' imprisonment for murder with extenuating circumstances was excessive.
  3. 3 Whether the trial court properly considered the appellant's personal circumstances and the provocation by the deceased.

Ratio Decidendi

The Supreme Court of Appeal held that the procedure for granting leave to appeal was highly irregular, as no proper application was made, and the State was not afforded an opportunity to respond. However, in the interests of justice, the court considered the merits of the appeal. The trial court had duly considered all relevant facts, including the appellant's personal circumstances, the provocation by the deceased, and the impact of the sentence on the appellant's business. The sentencing judgment was balanced and did not overemphasize or underemphasize any aspect. The sentence of ten years' imprisonment for murder with extenuating circumstances was appropriate in all the circumstances,...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.